TERMS OF SERVICE

This agreement applies as between you, the User of our Services, and Clymba.com. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Services. If you do not agree to be bound by these terms and conditions, you should stop using the Services immediately.

Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:

• “Content”: any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
• “Clymba”: means Clymba.com.
• “Service”: collectively any online facilities, tools, services or information that Clymba.com makes available through the Services either now or in the future.
• “System”: any online communications infrastructure that Clymba.com makes available through the Services either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.

Acceptance
It is not necessary for you to sign to accept these terms and conditions for them to apply. If you accept a quote from Clymba.com, you will be deemed to have accepted these terms and conditions in full. Please read them carefully. Any use of our Services implies that you have read and accepted the terms and conditions.
Copyright
You retain the copyright to data, files and graphic logos provided by you, and grant Clymba.com the rights to publish and use such material. You must obtain permission and rights to use any information or files that are copyrighted by a third party. You are also granting Clymba.com permission and rights for use of the same and agree to indemnify and hold harmless Clymba.com from any and all claims resulting from your negligence or inability to obtain the necessary copyright permissions.
Intellectual Property
All Content included on the Services, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Clymba.com, our affiliates or other relevant third parties. By continuing to use the Services you acknowledge that such material is protected by applicable national and international intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Services unless otherwise indicated on the Services or unless given express written permission by Clymba.com.

Trademarks & Disclaimers
Apple, the Apple logo, iOS are registered trademarks of Apple, Inc. Android, Google Play, and Google are trademarks of Google Inc.

All other brands or product names are trademarks of their registered holders. Although we have tried to provide accurate and timely information, the content on this site may not be accurate, complete or current and may include technical inaccuracies or typographical errors.

Description of Service
Clymba.com may provide you with one or more of the following services: Branding, Social media management, social media marketing, media buying, graphic design, lead generation, website development, website design, online presence, SEO, PPC advertising, local SEO, mobile app design, business-related web pages, and other forms of internet marketing and shop services. Unless explicitly stated otherwise, any addition of a new feature that augments or enhances the Services shall be considered part of the Services. We reserve the right to modify, suspend or discontinue the Services (or any part thereof), based on noncooperation, non-payment, or unwanted delay from you, at any time, without notice. You agree that you, or any related third party, shall not hold Clymba.com or its suppliers liable for any losses, damages or consequences from such modification, suspension or discontinuation.

Client Review
Clymba.com will provide you with an opportunity to review the appearance and content of the website during the project phase and once the project is completed. At completion, such materials will be deemed accepted and approved.

Access to Information
To access the Services or Clymba.com websites, you may be asked to provide registration details or other information. It is a condition that all the information you provide is correct, current, and complete. If we believe the information is not correct, current, or complete, we have the right to refuse you access to any Clymba.com websites or Services, and to terminate or suspend your account at any time.

Client Obligations
You will provide Clymba.com with reasonable direct and remote access to your website and agree to provide other reasonable assistance as requested by Clymba.com, including source code and relevant statistical or diagnostic information to enable us to meet our obligations under this Agreement.

Clymba.com shall provide the Services during the continuance of this Agreement and use reasonable efforts to meet the timeline outlined in consultation. Where the Service requires third-party cooperation, Clymba.com shall liaise with them but is not liable for their acts or omissions.

Clymba.com will not make changes to your website without your written or verbal consent, stating that Clymba.com has the right to make the agreed changes and that you take full responsibility for them.

Turnaround Time and Content Control
Clymba.com will install and publicly post or supply your website by the date specified in the project proposal or as agreed, provided initial payment is received. You agree to delegate a single individual as a primary contact for the project and to provide website content, such as text and images, as required.

Access Requirements
If your website is to be installed on a third-party server, Clymba.com must be granted temporary read/write access to your storage directories via FTP and other relevant resources as needed.

Post-Placement Alterations
Clymba.com cannot accept responsibility for any alterations caused by a third party to your pages once installed.
Domain Names & Hosting
Clymba.com may purchase domain names and hosting on your behalf. Payment and renewal of these domain names is your responsibility.

Design Credit
A link to Clymba.com will appear in small type or as a small graphic at the bottom of your website. If you request removal, a nominal fee of 20% of the total development charges will be applied (or $500 if the total is less than $5000). You also agree that the website developed for you may be presented in Clymba.com’s portfolio.

Failure to Provide Required Website Content
If you fail to provide the required information on time and delay the project, we reserve the right to impose a surcharge of up to 25% and/or close the project after one week of inactivity.

Charges
Charges are defined in the project quotation valid for 30 days. Corporate website design services require a 50% non-refundable advance payment, 25% after the development stage, and the final 25% upon completion, prior to uploading or releasing materials.

Payment
Invoices are provided upon completion but before publication. Payment is due by bank transfer within thirty (30) days of invoice date. Late payments incur a 1.5% monthly charge.

Default
Accounts unpaid for 30 days after the invoice date will be considered in default and may result in removal of materials from our web space, without relieving you of payment obligations.
Additional Expenses
You agree to reimburse Clymba.com for any additional expenses necessary for completion of the work.

Refund & Cancellation Policy
All services are non-refundable once payment or deposit is made. If a project is cancelled, delayed, or postponed by you, all monies paid will be retained by Clymba.com, and additional costs may be charged for work beyond what was already paid.
Termination
Termination of services by you must be in writing and will be effective upon receipt. You will be invoiced for all design work completed up to the date of the first notice of cancellation.

Web Browsers
Clymba.com designs websites to work with the most popular browsers. We cannot guarantee functionality on new versions of browsers released after the website is handed over.

Privacy
Clymba.com processes your personal data in accordance with its Privacy Policy. If you provide personal data about a third party, you confirm that you have obtained their consent and notified them of the Privacy Policy.

Disclaimers
Clymba.com makes no warranties that the Services will meet your requirements, be of satisfactory quality, be fit for a particular purpose, or be compatible with all systems. We are not responsible for any third-party search engine policies, algorithms, or rankings, nor do we guarantee top rankings or any specific SEO results.
Availability of the Services
The Services are provided “as is” and “as available.” Clymba.com does not accept liability for disruptions or non-availability caused by external factors.

Liability
Clymba.com excludes all liability for loss or damage caused by inaccuracy, omission, delay, error, or loss of client-supplied artwork/photos. Our total liability for any claim or breach of this Agreement is limited to the amount paid by you for the Services.

Indemnity
All clymba.com’s services may be used for lawful purposes only. You agree to indemnify and hold clymba.com harmless from any claims resulting from your use of our service that damages you or any other party

Termination for Cause
Clymba.com reserves the right to immediately terminate this Agreement and deactivate your account and access to Services or Company Websites if we believe, in our sole and absolute discretion, that you have: Violated, or threaten to violate, the terms of this Agreement; or Created, or are creating, websites as a nuisance or in a deliberate attempt to degrade or otherwise interfere with the Services or Company Websites. Any user who is terminated for cause under this section hereby agrees to forfeit any and all rights, claims and/or causes of action against CodeLink.ca, including without limitation your rights for any losses, expenses, damages or costs incurred as a result of such termination and deactivation.

Force Majeure
Clymba.com shall not be liable or deemed to be in default under this Agreement for any delay or failure to perform resulting from (a) accidents, fire, labor disputes, epidemics, war, terrorist acts, riots, insurrections, power blackouts, acts of nature or causes beyond its reasonable control without its fault or negligence, (b) acts or omissions of the other Party or of a third Party (other than the non-performing Party’s own agents or contractors), or (c) compliance with any law, regulation, ruling, order or requirement of any federal, state or municipal government or agency or court of competent jurisdiction (a Force Majeure Condition).

No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Notices
All notices / communications shall be given to us by email to support@clymba.com Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

Law and Jurisdiction
These terms and conditions and the relationship between you and Clymba.com shall be governed by and construed in accordance with the Law of Canada.